illicit relations

Querist : Anonymous (Querist) 17 January 2010 This query is : Resolved
my husband is having illicit relations with another women and is also having a child from that lady and they are staying together without obtaining divorce from me. what actions can i take?

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A V Vishal (Expert) 17 January 2010
You can proceed under S.498A of the IPC against your husband.

Arvind Singh Chauhan (Expert) 17 January 2010
what is suggested by Vishal Sir is proper. you can file application for maintenance, under 125 Cr.P.C. if you need. You may try under DV act with 498 and 125 also.

Adinath@Avinash Patil (Expert) 17 January 2010
You file complaint u/s 498 A Of I P C

Raj Kumar Makkad (Expert) 17 January 2010
Merely 498 IPC is not sufficient in the given case. It is a bigamy on the part of your husband. You file a police complaint against your husband, that lady living with him, all other persons connected with the second marriage of your husband like Poojari, relatives of your husband, all persons who attended the marrage etc.

apart from this criminal action, seek divorce from such dihonest husband by filing a petition seeking decree for divorce,

A V Vishal (Expert) 17 January 2010
Mr Makkad, the basic ingredients for an offence of bigamy u/s 494 of the IPC are not satisfied, so it is not possible to file a complaint under sections attracting bigamy.